IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 10269 OF 2022
PETITIONER/S:
SOBHA C.NAIR
AGED 53 YEARS
LOWER PRIMARY SCHOOL TEACHER,
NJAVAKAD L.P. SCHOOL, KEERIKKAD SOUTH,
KAYAMKULAM P.O., ALAPPUZHA, PIN-690508.
BY ADVS.
S.P.ARAVINDAKSHAN PILLAY
N.SANTHA
V.VARGHESE
PETER JOSE CHRISTO
S.A.ANAND
K.N.REMYA
L.ANNAPOORNA
VISHNU V.K.
ABHIRAMI K. UDAY
KURUVILLA SABU CHRISTY
LAKSHMI JAYAKUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN-695014.
3 DEPUTY DIRECTOR OF EDUCATION,
ALAPPUZHA, PIN-680001.
4 DISTRICT EDUCATIONAL OFFICER,
ALAPPUZHA, PIN-680001.
5 ASSISTANT EDUCATIONAL OFFICER,
KAYAMKULAM, ALAPPUZHA, PIN-688504.
WP(C) NO. 10269 OF 2022
& Conn. Cases
2
6 MANAGER,
NJAVAKAD L.P. SCHOOL, KEERIKKAD SOUTH,
KAYAMKULAM P.O., ALAPPUZHA, PIN-690508.
7 M.S.SHEEJA,
LOWER PRIMARY SCHOOL TEACHER,
NJAVAKAD L.P. SCHOOL, KEERIKKAD SOUTH,
KAYAMKULAM P.O., ALAPPUZHA, PIN-690508.
BY ADVS.
V.A.MUHAMMED
GEORGE ABRAHAM
M.SAJJAD
SMT NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, ALONG WITH WP(C).6232/2022,
6403/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 10269 OF 2022
& Conn. Cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 6232 OF 2022
PETITIONER/S:
KUNJUMOLE S
AGED 55 YEARS
HEADMISTRESS, NJAVAKKAD LOWER PRIMARY SCHOOL,
KEERIKKAD SOUTH, KAYAMKULAM,
ALAPPUZHA DISTRICT-690502,
(RESIDING AT SULEKHA MANZIL,
CHOOLATHERUV, MUTHUKULAM,
ALAPPUZHA DISTRICT-690506.)
BY ADVS.
P.A.JENZIA
M.H.SHAJAHAN RAWTHER
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT ANNEX II,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION
NEAR CIVIL STATION, ALAPPUZHA-688001.
4 THE ASSISTANT EDUCATIONAL OFFICER
KAYAMKULAM, ALAPPUZHA DISTRICT-690502.
5 THE MANAGER
NJAVAKKAD SOUTH, KAYAMKULAM,
ALAPPUZHA DISTRICT, PIN-690502.
WP(C) NO. 10269 OF 2022
& Conn. Cases
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6 SHEEJA M.S.
LOWER PRIMARY SCHOOL TEACHER,
NJAVAKKAD L P SCHOOL, KEERIKKAD SOUTH,
KAYAMKULAM, ALAPPUZHA DISTRICT-690502.
7 SHOBHA C NAIR.
LOWER PRIMARY SCHOOL TEACHER,
NJAVAKKAD L P SCHOOL, KEERIKKAD SOUTH,
KAYAMKULAM, ALAPPUZHA DISTRICT-690502.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, ALONG WITH WP(C).10269/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 10269 OF 2022
& Conn. Cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 6403 OF 2021
PETITIONER/S:
SHEEJA M.S.,
AGED 49 YEARS
W/O. ABDUL REHIM, HEADMISTRESS,
NJAVAKKAD LP SCHOOL, KEERIKKAD SOUTH,
KAYAMKULAM, ALAPPUZHA.
BY ADVS.
GEORGE ABRAHAM
SHRI.JOBY D JOSEPH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM-695 001
2 DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 DEPUTY DIRECTOR OF EDUCATION,
ALAPPUZHA-688 001.
4 ASSISTANT EDUCATIONAL OFFICER,
ERNAKULAM-682 011.
5 SMT. SOBHA C. NAIR,
LPSA, NJAVAKKAD LP SCHOOL, KEERIKKAD SOUTH,
KAYAMKULAM, ALAPPUZHA-690 502
6 MANAGER,
NJAVAKKAD SOUTH, KAYAMKULAM,
ALAPPUZHA-690 508
BY ADVS.
S.P.ARAVINDAKSHAN PILLAY
V.VARGHESE
PETER JOSE CHRISTO
WP(C) NO. 10269 OF 2022
& Conn. Cases
6
S.A.ANAND
K.N.REMYA
L.ANNAPOORNA
VISHNU V.K.
ABHIRAMI K. UDAY
KURUVILLA SABU CHRISTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, ALONG WITH WP(C).10269/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 10269 OF 2022
& Conn. Cases
7
JUDGMENT
The petitioners in these cases have approached this Court claiming entitlement for promotion to the post of Headmistress in the Njavakkad LP School, Keerikkad South.
2. It appears that a vacancy of Headmaster /Headmistress arose in the school on 01.06.2020 consequent to the retirement from service of Smt. S. Najumunniza, who attained superannuation on 31.05.2020. A copy of the seniority list as on 01.01.2020 of the Njavakkad LP School details the seniority position in the school.
3. Smt. Sobha C. Nair, the petitioner in W.P.(C.) No. 10269/2022, contends that as on the date of occurrence of the vacancy on 01.06.2020, Smt. M.S. Sheeja, the petitioner in W.P.(C.) No. 6403/2021, had not passed the obligatory test and had also not crossed 50 years of age. Smt. Sobha C. Nair asserts that she ought to have been appointed as she was the seniormost fully qualified person for promotion as Headmistress. However, the Manager by order dated 010.6.2020 promoted Smt. M.S.Sheeja as Headmistress of the school with effect from 01.06.2020. The said order was challenged by Smt. Sobha C. Nair by filing a representation before the AEO. In the meantime, Smt. M.S.Sheeja filed a revision petition before the Government, being aggrieved by the inaction on the part of the AEO in approving the appointment. The revision petition was heard by the WP(C) NO. 10269 OF 2022 & Conn. Cases 8 Government and by order dated 03.03.2021, the request made by Smt. Sheeja was rejected and the Government found that Smt. Sobha C. Nair was fully qualified on the date of occurrence of the vacancy. In tune with the above Government order, the AEO, Kayamkulam issued order dated 18.03.2021 holding that Smt. Sobha C. Nair is qualified and eligible to be appointed as Headmistress.
4. Smt. Sobha C. Nair has filed W.P.(C) No.10269/2022 seeking implementation of the order passed by the Government as well as the AEO and also for a direction commanding the official respondents to ensure that the petitioner is promoted as Headmistress in the school.
5. The order passed by the Government has been challenged by Smt. M.S. Sheeja before this Court by filing W.P.(C) No. 6403/2021.
6. It appears that while the disputes between Smt. Sobha C. Nair and Smt. M.S.Sheeja was pending, the Manager appointed Smt. S. Kunjumole, the petitioner in W.P.(C.) No. 6232/2022 as Headmistress in the school.
7. Smt. S. Kunjumole asserts that she has attained the age of 50 years as on the date of occurrence of the vacancy on 01.06.2020 and she is entitled to exemption from qualification and therefore, is to be promoted as Headmistress of the school. The Manager forwarded the proposal to the AEO and requested that approval be granted with effect from 01.06.2020. The proposal was rejected on the ground that there is a WP(C) NO. 10269 OF 2022 & Conn. Cases 9 delay of 461 days in submitting the proposal for approval of the appointment. Smt. Kunjumole asserts that the dispute between Smt. M.S.Sheeja and Smt. Shobha C. Nair would not affect her statutory entitlement for promotion with effect from 01.06.2020. Seeking approval of appointment, Smt. Kunjumole has preferred a revision petition before the DGE, which is pending consideration. It is the above backdrop that Smt. Kunjumole has preferred W.P.(C) No.6232 of 2022 seeking to quash the order of rejection and for a direction to the AEO to approve the promotion of the petitioner. Alternatively, she has sought for issuance of directions to the DGE to consider Ext.P7 revision petition filed by her and to take a decision.
8. Since the issues raised in all these writ petitions are closely intertwined, all these matters are taken up and disposed of by a common order.
9. I have heard Sri. S.P. Aravindakshan Pillay, the learned counsel appearing for the petitioner in W.P.(C.) No. 10269/2022, Sri. George Abraham, the learned counsel appearing for the petitioner in W.P.(C.) No.6403/2021, Sri. M. Shajahan Rawther, the learned counsel appearing for the petitioner in W.P.(C.) No. 6232/2022 and the learned Government Pleader.
10. From the sequence of events charted above, it is evident that the dispute between the teachers is with regard to their entitlement for WP(C) NO. 10269 OF 2022 & Conn. Cases 10 promotion to the post of Headmistress consequent to the retirement of Smt. S. Najummuniza on 31.05.2020. I find from the submissions that Smt. Kunjumole, the petitioner in W.P.(C.) No. 6232/2022, was appointed by the Manager and the proposal for approval has been rejected by the educational authorities. Smt.Kunjumole has approached the DGE and has preferred a revision petition (Exhibit P7 in W.P.(C.) No. 6232/2022), which is pending consideration.
11. It was submitted by the learned Government Pleader that the Government has already considered the issue of promotion of Smt. M.S.Sheeja and Smt. Sobha C. Nair and a decision has been taken. Of course, while considering the petition filed by Smt. M.S.Sheeja pursuant to the directions issued by this Court in W.P.(C) No.12838/2020, the Government had occasion to consider the question as to whether Smt. M.S. Sheeja or Smt. Sobha C.Nair could claim entitlement to be promoted to the post. The Government by G.O.(Rt) No.2057/2021/G.Edn. dated 3.3.2021 (Ext.P14 in W.P.(C) No.10269/2022), declined the request of Smt. M.S. Sheeja and had found that Smt. Sobha C. Nair was fully qualified and hence entitled to promotion. However, the entitlement of Smt. Kunjumole was not a question that was considered by the Government while passing the said order.
12. Having considered the entire facts and circumstances, I am of the considered opinion that the conflicting claims raised by the petitioners WP(C) NO. 10269 OF 2022 & Conn. Cases 11 in all these cases can be settled, if the DGE hears all the petitioners before passing orders in the revision petition. The learned counsel appearing for the petitioners also expressed their approval for following the said course.
In that view of the matter, these writ petitions are disposed of by issuing the following directions:
a) There will be a direction to the DGE to take up, consider and pass appropriate orders in Ext.P7 revision petition filed by the Smt. Kunjumole S., the petitioner in W.P.(C) No. 6232/2022.
b) Before passing orders, the DGE shall afford an opportunity of being heard to Smt. Sheeja M.S., Smt. Sobha C. Nair and Smt. Kunjumole also the Manager of the Njavakkad L.P. School.
c) The DGE shall consider the issue notwithstanding the fact that the rival claims between Smt. Sheeja M.S. and Smt. Sobha C. Nair had engaged the attention of the Government while considering the revision petition filed by Smt. Sheeja. Orders shall be passed as directed above, expeditiously, in any event, within a period of two months from the date of production of a copy of this judgment.
d) The petitioners shall be bound by the outcome of the decision taken by the DGE in the revision petition and in tune with the decision taken by the DGE, the competent respondent shall WP(C) NO. 10269 OF 2022 & Conn. Cases 12 issue consequential orders within a further period of six weeks from the date of passing of the orders by the DGE.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE avs WP(C) NO. 10269 OF 2022 & Conn. Cases 13 APPENDIX OF WP(C) 6232/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT BY PROMOTION OF THE PETITIONER DATED 01.06.2020.
Exhibit P2 TRUE COPY OF THE G O (RT) NO.2057/2021/G.EDN DATED 03.03.2021 OF THE GOVERNMENT.
Exhibit P3 TRUE COPY OF THE SENIORITY LIST OF TEACHERS AS ON 01.01.2020 AND COUNTER-SIGNED BY THE 6TH RESPONDENT DATED 18.05.2021.
Exhibit P4 TRUE COPY OF THE GO(P) NO.1/2021/G.EDN DATED 05.01.2021 OF THE GOVERNMENT (AS NOTIFIED IN THE KERALA GAZETTE AS SRO NO.18/2021). Exhibit P5 TRUE COPY OF THE ORDER NO.D/19166/2021/D.DIS DATED 29.10.2021 OF THE AEO, KAYAMKULAM. Exhibit P6 TRUE COPY OF THE APPEAL APPLICATION OF THE MANAGER.
Exhibit P7 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 11.02.2022 (WITHOUT EXHIBITS) WP(C) NO. 10269 OF 2022 & Conn. Cases 14 APPENDIX OF WP(C) 6403/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED IN FAVOUR OF THE PETITIONER DATED 1.6.2020.
EXHIBIT P2 TRUE COPY OF THE SENIORITY LIST OF THE PETITIONER'S SCHOOL DATED 1.1.2020. EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 13.8.2020 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH RESPONDENT DATED NIL EXHIBIT P5 TRUE COPY OF THE ORDER IN G.O(MS) NO.
16/18/G.EDN DATED 19.2.2018.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P.C NO.
14971/14 DATED 24.06.2014.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO 1900/14 DATED 25.06.2015.
EXHIBIT P8 TRUE COPY OF THE NOTIFICATION GO(P) NO.
19/2020/G.EDN DATED 23.12.2020.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 29.06.2020 IN W.P.C NO. 12838/2020.
EXHIBIT P10 TRUE COPY OF THE ARGUMENT NOTE DATED NIL FILED BY THE MANAGER DURING THE HEARING. EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 25.08.2020 IN W.P.C NO. 17681/2020.
EXHIBIT P12 TRUE COPY OF THE ADMISSION TICKET DATED 25.2.2020 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION.
EXHIBIT P13 TRUE COPY OF THE INTERIM ORDER DATED 17.06.2020 PASSED BY THE HON'BLE SUPREME WP(C) NO. 10269 OF 2022 & Conn. Cases 15 COURT IN SLP NO. 12310/2020 EXHIBIT P14 TRUE COPY OF THE ORDER IN GO(RT) NO.
2057/2021/G.EDN DATED 3.3.2021.
RESPONDENT EXHIBITS Exhibit R5a TRUE COPY OF TRAINED TEACHERS CERTIFICATE DATED 16.6.1990 ISSUED TO THE 5TH RESPONDENT BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA STATE Exhibit R5b TRUE COPY OF CERTIFICATE DATED 30.6.1995 ISSUED TO THE 5TH RESPONDENT BY THE PSC WITH REGARD TO THE ACCOUNT TEST(LOWER) Exhibit R5C TRUE COPY OF THE CERTIFICATE DATED 26.4.2019 ISSUED TO THE 5TH RESPONDENT BY THE PSC WITH REGARD TO THE TEST IN KERALA EDUCATION ACT AND RULES WP(C) NO. 10269 OF 2022 & Conn. Cases 16 APPENDIX OF WP(C) 10269/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF TRAINED TEACHERS CERTIFICATE DATED 16.6.1990 ISSUED TO THE PETITIONER BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA STATE.
Exhibit P2 TRUE COPY OF CERTIFICATE DATED 30.6.1995 ISSUED TO THE PETITIONER BY THE PSC WITH REGARD TO THE ACCOUNT TEST (LOWER).
Exhibit P3 TRUE COPY OF CERTIFICATE DATED 26.4.2019 ISSUED TO THE PETITIONER BY THE PSC WITH REGARD TO THE TEST IN KERALA EDUCATION ACT AND RULES.
Exhibit P4 TRUE COPY OF THE SENIORITY LIST OF TEACHERS AS ON 1.1.2020 OF THE LOWER PRIMARY SCHOOL, NJAVAKKAD, KAYAMKULAM. Exhibit P5 TRUE COPY OF G.O.(MS) NO.16/18/G.EDN.
DATED 19.2.2018.
Exhibit P6 TRUE COPY OF G.O.(P) NO.19/2020/G.EDN.
DATED 23.12.2020.
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 29.5.2020 SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT.
Exhibit P8 TRUE COPY OF APPOINTMENT ORDER DATED 1.6.20 ISSUED BY THE MANAGER TO THE 7TH THE RESPONDENT.
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 13.6.20 SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT.
Exhibit P10 TRUE COPY OF APPEAL DATED 18.8.2020 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 25.8.2020 IN WP(C) NO.17681/2020 OF THIS HON'BLE WP(C) NO. 10269 OF 2022 & Conn. Cases 17 COURT.
Exhibit P12 TRUE COPY OF THE REVISION PETITION DATED 23.6.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 29.6.2020 IN WP(C) NO.12838/2020 OF THIS HON'BLE COURT.
Exhibit P14 TRUE COPY OF G.O.(RT) NO.2057/2021/G.EDN.
DATED 3.3.2021.
Exhibit P15 TRUE COPY OF ORDER NO.D1456/2020/AEO DATED 18.3.2021 OF THE 5TH RESPONDENT.
RESPONDENT EXHIBITS Exhibit R7(a) TRUE COPY OF THE SENIORITY LIST OF TEACHERS OF SCHOOL AS ON 01.01.2022 Exhibit R7 (b) TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION Exhibit R7 (c) TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION DATED 28.01.2022